April 17, 2023 - Meeting Minutes


APRIL 17, 2023
7:00 P.M.
Brewster Village Council met in regular session with Mayor Charles B. Hawk presiding.
The meeting took place in the Brewster Community Room.
Council Members bowed their heads for the invocation provided by Clerk-Treasurer Kris King, followed by the Pledge of Allegiance to the flag.
Dale Fox, Council Member                        Dave Godwin, Council Member
Tom Hilliard, Council Member                    Brett Long, Council Member
Sydney Radich, Council Member               Mike Schwab, Council Member
John Anthony, Solicitor                                  Kris King, Clerk-Treasurer                            
Mike Miller, Village Administrator
Mayor Hawk asked if there were any additions or deletions to the April 3, 2023 Council meeting minutes. There were no additions or changes.
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the minutes as presented. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to accept the bills in the amount of $103,084.28 plus the first draw down on the Electric Garage Project of over $289K. The vote: All yes.
Police Chief Nathan Taylor and Lynnette Killy were also in attendance.
Bill Green of the Stark County Board of Disabilities came to talk about the upcoming levy on the May 2nd ballot.  He stated that there are 55 families being served in the Village.  They provide help in the homes of infants and toddlers with disabilities.  There are over 800 students for which will be provided lifelong support.  These are 40 – 50 – 70-year commitments.  They support 30% more people since the original levy passed.  This is quite an accomplishment in which they are proud.  This is not a new levy and will not increase your tax bill.  Mr. Green hopes people will come out and support them on May 2nd.  This will be a 5-year levy.
CONSIDERATION OF ORDINANCES: Titles of each read by Solicitor John Anthony.
ORDINANCE 35-2023: An Ordinance authorizing the purchase of a T740 T4 Bobcat Compact Track Loader was given third reading.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to approve the legislation as read.  Council Member Schwab asked about the funding of the equipment.  VA Miller stated it was divided between Street, Water, and Wastewater Funds.  The vote: Radich, yes; Schwab, yes; Fox, yes; Godwin, yes; Hilliard, no; Long, yes.
RESOLUTION 36-2023: A Resolution Authorizing Participation in the ODOT Road Salt Contracts Awarded in 2023 and declaring an emergency at second reading.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to suspend the rule requiring three separate readings and bring the legislation forward for passage.  The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to approve the legislation as presented.  VA Miller mentioned the amount of salt will be decreased as we have a large amount left over from last winter.  The vote: All yes.
SECOND READING: An Ordinance Authorizing the Purchase of a Bucket Truck for the Electric Department.
SECOND READING: An Ordinance Authorizing the Village Administrator, with the assistance of the Rural Community Assistance Partnership (RCAP), to Apply for, Accept, and Enter into a Construction Loan Agreement for an Ohio EPA Water Pollution Control Loan Fund (WPCLF) Loan for the installation of two (2) manholes in the Sanitary Sewer Line that runs between McKinley to the Levee and declaring an emergency (at third reading).
SECOND READING: An Ordinance Authorizing the Village Administrator, with the Assistance of the Rural Community Assistance Partnership (RCAP), to Apply for, Accept, and Enter into a Construction Loan Agreement for an Ohio EPA Water Pollution Control Loan Fund (WPCLF) Loan for the Hillview Mobile Home Park Sanitary Project and declaring an emergency (at third reading).
SECOND READING: An Ordinance Authorizing the Village Administrator, with the Assistance of the Rural Community Assistance Partnership (RCAP), to Apply for, Accept, and Enter into a Construction Loan Agreement for an Ohio EPA Water Pollution Control Loan Fund (WPCLF) Loan the Lining and the Rehabilitation/Installation of Two (2) Manholes in the Sanitary Sewer Line that runs between 5th and Jefferson and 4th Street and declaring an emergency (at third reading).
SECOND READING: A Resolution Amending Resolution 28-2013 which Created a Sewer Dept Fund for the Repayment of Loans and Resolution 01-2017 which set an amount of collections to be deposited into said fund in the Village Sewer Utility. 
SECOND READING: An Ordinance Approving/Disapproving the Recommendation of the Planning Commission Recommendation to Disapprove the Amending of the Zoning Map.
SECOND READING: An Ordinance Amending 7.06 Cell Phone and Pager Use Policy to Electronic Wireless Communication Device Use Policy.
FIRST READING: An Ordinance Authorizing the Village Administrator to Prepare Bid Specifications and Advertise for the Bids for the Brewster Water Transmission Main Replacement Project.
Tabled at THIRD READING: An ordinance to authorize an agreement between the Village of Brewster and the owner of Hillview Mobile Home Park to extend the Village sanitary sewer to the
park at owner’s expense.  The Mayor requested this legislation remain tabled.
A. POLICE DEPARTMENT: Chief Nathan Taylor
  1.     There have been 340 calls to date in April.
  2.     The Chief presented a training facility agreement for the Solicitors review and approval and         the Clerk-Treasurer’s signature.
  3.     The Chief was approached by Abby Hintz concerning a memory bench that Council approved to be put up but has not.
B. FIRE DEPARTMENT: Chief Chris Colucy (excused)
  1.        The Firemen’s Festival will be May 31st-June 3rd.
  1.        Reviewed a contract for a new bucket truck purchase and had the changes approved by Terex.
  2.        Met with Hillview Trailer Park Counsel and the Trustee.  The $40,000 design grant will not be available until July 2024 and construction wouldn’t start until 2024.
Administrator’s report for period 4/4/2023 through 4/17/2023:
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the report as emailed to Council.  The vote: All yes.
The following items have come up since the VA’s email:
  •          Met with the cement contractor for four projects: Put a concrete pad for the memorial bench, place a concrete pad moving the porta-potties from beside the Police Station to an area by Field #3 to help prevent children from running through the parking lot, a pickleball court where the sand volleyball court was located, and for crescents around the linden trees at 233 2nd St.
  •          Purchasing a swing for the park.  This swing will allow an adult to swing face to face with a infant in a swing.
  •          Council Member Schwab asked if there are still grants for the yard waste center.  This weekend the brush was out into the parking lot and he stated we could use another 20 foot of concrete.
  •          Council Member Hilliard asked about Village garbage pickup.  We will be having a cleanup after the garage sales, the same as we did last year.  Council Member Hilliard then asked if we ordered extra light bases when we ordered them for East Main Street.  VA Miller stated extra were ordered as we plan to extend the decorative lighting in the future.  Council Member Hilliard stated there is still a semi-truck parked across the sidewalk on 7th St.  Walkers have to walk around it.  This is part of the shared use walking path to the school.  Council Member Hilliard stated that he noticed that people are already starting to use the path.
2023 Paving Program. The 2023 Paving Program has been completed. It started Monday April 10th and was wrapped up on Wednesday April 12th. The 2023 Brewster Paving Program was awarded in the estimated amount of $155,078.50 and included:
  •          Jackson NE                                          from Barber to Superior
  •          Jackson NE                                          from Superior to Huron
  •          Superior NE                                        from Wabash to Mohican
  •          Tuscarawas NW                                from Harmon to North Terminus

We ended up non-performing a few items:
  •          Line 4 – ADA Ramp at Jackson & Superior - $6,880
  •          Line 5 – partial depth repairs on Jackson between Superior and Huron - $3,000

We will have to find an alternate method of addressing bringing the ADA Ramps at the intersection of Jackson & Superior up to current code. We non-performed the task in part due to an underestimation of the amount of square feet by the engineer, which would have made completing the task under the contract cost prohibitive.
When we have the final quantities, I will inform Council of the final cost when it becomes available.
OPWC - West Main Reduction and Rehabilitation Project. Thrasher has been employed as the engineering firm to prepare basic drawings, plans, and cost estimates in preparation for this proposed grant and for the submittal of the required documents for the OPWC West Main Reduction and Rehabilitation Project funding application pursuant to Ordinance 31-2023 in the amount of $7,500.
OPWC Tuscarawas/Locustdale/Pinewood Water Line Replacement Project. We are still waiting for the weather to improve in the Spring so that the trenches can be restored in a more permanent manner.
Hillview Mobile Home Park Sanitary Sewer “Project” – WPCLF Design/Planning Loan. The “loan” has been approved anddesign is underway.
Hillview Mobile Home Park & Village Agreement for Reimbursement. Law Director Anthony will address Council on this piece of the overall “puzzle”
Hillview Mobile Home Park CDBG Application. We are still waiting for confirmation that Brewster received a $40,000 CDBG Grant for the Hillview Pump Station – looking for vote of Board of Commissioners approving recommendation.
There is a catch to accepting the $40,000 CDBG Grant - it is for Fiscal Year 2024, which begins July 1, 2024. So, the position “we” (the Village) and Hillview are in:
  •          do we (and can we, or better stated Hillview) wait until July 1, 2024 to begin bidding and construction (with EPA consent decree and the Common Pleas Court contempt fine pending)
  •          if we wait, do we keep the “bird in hand” (construction loan up to $255,000) OR do we take a “risk” and reapply (renominate), hoping to get “loan forgiveness” IF we are approved again in the next round? Matt Kline of RCAP indicates that reapproval is near 100%.
  •          Matt Kline of RCAP had some additional information from his conversations with EPA – we can keep current loan for construction while we renominate the project. That means no downside to renominate (other than EPA litigation against Hillview). We could get more loan forgiveness. If we don’t like what the outcome is, we follow through on existing loan approval.

So based on my conversation with Matt, my opinion now is:
  •          “we” take the $40,000 CDBG Grant (reduces amount to be assessed to taxes to closer to the “assessed” value)
  •          by taking the $40,000 CDBG Grant it simplifies the Villages involvement, as RPC/CDBG will handle putting together the bids docs, advertising, award, prevailing wage, etc.
  •          by taking the $40,000 CDBG Grant, the owners are in a better position, as CDBG funds are first in, so the WPCLF Loan will get spent last and their monetary commitment is reduced.
  •          We keep the existing WPCLF Loan AND roll the dice and renominate the project hoping for a better outcome. Could further reduce monetary commitment for owners.

All the above is tentative, subject to verification of CDBG Grant AND whether the owners of Hillview can get EPA and the Court to “go along” with the plan.
Brewster Sanitary Manholes Project – WPCLF Loan(s). The Village’s application for the loan has been submitted.
Brewster Sanitary Sewer Lining and Manhole Rehab/Replacement Project – WPCLF Loan(s). The Village’s application for the loan has been submitted.
Ambulance Purchase. Can’t sign new/amended Purchase Agreement until after April 19th (wait of 30 days after passage of legislation). When we get an update on delivery, I will inform Council.
OPWC Brewster Water Transmission Main Replacement Project. The Brewster Water Transmission Main Replacement Project has been approved for funding by the Ohio Public Works Commission. The OPWC amount is a total of $1,500,000: $1,200,000 in an OPWC Grant and $300,000 in an OPWC Loan. The total project cost is estimated at $1,653,917.
OPWC will release the Project Agreements will be released on or about 7/1/2023, assuming budget authority is in place. The Village cannot award a construction contract or begin construction until the Project Agreement has been fully executed. The Village MAY initiate engineering and design services at our own risk prior to July 1st – the Village already has, and it is a part of our projected match.
The Village MAY ALSO advertise for bids, providing we follow the contractual requirements posted on the OPWC website. That is the intention, so I will be presenting legislation to Council to authorize advertising and receive bids.
The tentative timeline for advertising for bids and subsequent award of a contract is:
  •          April 17th first reading
  •          May 1st (or May 3rd) second reading
  •          May 15th third reading and passage
  •          Advertise for bids May 23rd, May 30th, June 6th.
  •          Open bids June 20th
  •          Recommendation for CT to Council on award June 27th.
  •          Award contract July 3rd IF we have OPWC Project Agreement has been fully executed.
  •          Award contract July 17th – should certainly have OPWC Project Agreement fully executed by then.

So that we are ready to award in July or August, I will also be presenting legislation to Council to authorize awarding a contract.
Electric Building – Progress and Potential Change Orders. Underground utilities are installed, and work is underway so that the floor can be poured.
As I did with the Fire Station Addition and the Community Room, any Change Orders for the Electric Building will be reported to Council as they come up and presented for Council to approve or ratify. There are no new change orders to approve at this time. We do expect a Change Order to frame out the exterior walls on the west side so that we can install electric, better insulate, as opposed to attaching drywall directly to the cement walls.
The current cost is:




Original Contract



Change Order #1



New Total



Keep in mind we have a rebate of $700 coming from Efficiency Smart in hand at this point as well to reduce the cost.
Electric – Bucket Truck Replacement. I have drafted legislation to purchase a Bucket Truck through Sourcewell to replace the 2000 Bucket Truck in the Electric Department. There is a need to replace the 2000 Electric Department Bucket Truck, as it will be turning 25 years old approximately the same time the Village can expect a new one based on delivery time. Once it is 25 years old, it will no longer be able to be dielectric tested. At the point it can no longer be dielectric tested, the safety of our employees who use it can no longer be assured. By purchasing through Sourcewell’s cooperative purchasing program the Village doesn’t have to prepare specifications and bid it out.
The cost to purchase a Bucket Truck from Terex in accordance with Sourcewell Contract #110421-TER is $313,357.
Tracked Skid Steer. Some of you may have noticed that Village is getting the baseball fields ready for Spring play. As has happened in the past, in order to have them ready when baseball/softball starts we have to get on the fields early, and with our current equipment that often results in creating ruts in the outfield when delivering infield dirt. That results in more work repairing the outfields. This year we rented a tracked skid steer when it became apparent, we couldn’t get the job done with our wheeled skid steer without tearing everything up and making more work and more expense.
Having use of the tracked skid steer also brought back discussions we have had among the Departments about getting a tracked skid steer on a permanent basis. Our current skid steer has issues (reach) loading “cake” into dumpsters/vehicles. IF we get a V-Box our current skid steer doesn’t have enough reach to load it. There have been a number of projects, both in the Parks and on private property where we had to hold off or not do because our wheeled skid steer would create more work because it would either leave ruts (best case) or get stuck (worst case) because it doesn’t have its weight more evenly distributed as a tracked skid steer does.
Our Street Superintendent got a quote for a new tracked skid steer with a reduction for trade in of our roller (seldom used) and the wheeled skid steer. The net cost is $34,468.52. We are getting $25,000 trade for the roller, which I understand the Village paid $14,000 for a number of years ago. The $34,468.52 would be split 50% Street Department, 40% Wastewater, and 10% water Department. Kris has checked those numbers and each Department can afford it. It is on the Sourcewell Cooperative Purchasing contract list, so we won’t have to bid for it.
Finally, in discussions with the Departments the Electric Department would like to “purchase” the wheeled skid steer, as they need it to unload semis that deliver their stock items that come in on pallets. These items include reels of wire that weigh from 500 pounds all the way up to 5000 pounds, light poles and bases, and a number of other items. They can afford the $14,000. Ultimately, there is no increase in the number of pieces of equipment the Village has.
OPWC Park Drive Phase 1. Council awarded a contract for Park Drive Phase 1 to Northstar Asphalt based on the base bid PLUS Alternate #1 in the amount of $319,318. The $319,318 is split up with $140,584 from OPWC, $20,090 from Capital Improvement, and the remaining $158,644 from the Street Improvement Fund. We have met with Northstar twice in the field and expect construction activity to begin shortly, weather permitting.
Electric Department – Potential Battery Storage Project. A meeting was held Monday April 11 with a representative of Convergent, Dwight Niederkofler of GPD, and the Village to review sizing of the battery storage as part of the process of preparing specifications for a Battery Storage Project. Work continues.
Field #3 – Leveling. As Council is aware, we have an ongoing issue with Field #3. The outfield is in desperate need of leveling, but there has been no real window of opportunity to address it because in the Spring through the end of June it is used for baseball, and beginning in August through the Fall it is used for soccer. However, this year an opportunity is available. Not enough players signed up for baseball in the age group that uses Field #3, so we have a window of opportunity now to get it leveled, grass planted and growing before soccer starts in August. I have a quote from Gemm Landscaping (attached) to get the work done for $6,575. There is approximately $63,500 available in Parks & Grounds Fund.
Time is of the essence, so I plan to authorize a Purchase Order on April 18th  unless there is an objection raised at the Monday April 17th Council Meeting.
Storm Drainage Projects. The current list of storm sewer projects in their priority order, with updates on their status:
  1.        Substation drainage - COMPLETE.
  2.        Catch basin in front of 251 7th Street SE – repair/rebuild.
  3.        Dartmouth/Amherst relief line. Easement has been signed. Need surveyor to set pins. Work to start when it can be scheduled and weather permits.
  4.        Corner of Needham & Harriman – catch basin collapse.
  5.        East end of 1st Street SE. Will have to coordinate with US Army Corps of Engineers.
  6.        Open ditch east of Mohican. We are consulting with Stark County Soil & Water.
  7.        Drainage from Harmon west of 264 Harmon. Survey needs to be completed.
  8.        Drainage on north side of 7th west of Baymere.
These are not necessarily on a first come/first serve basis but based on their criticality and/or ability to fit into the schedule. We are also looking to repair deteriorated catch basins, so if any Council person is aware of any, please let me know. Also, if there are any storm drainage projects/issues not on this list please let me know.
Efficiency Smart – Expansion of Current HVAC Rebate Offerings. On March 1, Efficiency Smart introduced a $100 rebate on qualifying central air conditioners and a $50 rebate on qualifying window air conditioners. This will expand their current HVAC rebate offerings and give residential customers additional options to save energy in their homes. Efficiency Smart expects the new window air conditioner rebates to be of particular benefit to renters as they have fewer opportunities to make upgrades in their homes.
To kick off and raise awareness of these new rebates, Efficiency Smart will be giving away a window air conditioner on their Facebook page starting on March 1. Residents who comment on our post with what they are most looking forward to this summer will be entered into a drawing to win a window air conditioner. Residents will have one week to enter.
Efficiency Smart - Earth Day Contest. Efficiency Smart will hold a contest around Earth Day on the Efficiency Smart Facebook page starting on April 17. Residents who comment on their post with one thing they have done to save energy by the end of the day on Earth Day (April 22) will be entered into a drawing to win an energy efficiency kit.
Proposed Planned Unit Development at the end of East Main. The Planning Commission met for the second time on March 16th to review a Conditional Zoning Certificate request for the end of East Main (former gun club). A number of residents were in attendance.
The Planning Commission has rescheduled another hearing for April 20th to continue discussion and to potentially revise a proposed Conditional Zoning Certificate to make sure all issues raised are addressed to the satisfaction of the Planning Commission.Adjoining residents have been notified again and are free to attend the next Planning Commission meeting if they wish to address questions, concerns, or information to the Planning Commission.
Our Law Director recommends that any witness who wishes to provide a statement regarding the application be sworn so that the information is under oath and becomes a part of the record as such. So, it is important for the process that any and all information that the Planning Commission considers on the Conditional Use Application for the proposed Planned Unit Development come in during Planning Commission Meetings, and not through other means. Planning Commission members are under no obligation to, and in fact are discouraged from, discussing the application outside their official meetings and/or public hearings. So, it is recommended that if Planning Commission are approached by a resident, they simply inform them that it is similar to being on a jury, where all the information comes in during the trial, so they cannot discuss it outside the Planning Commission Meetings.
Ultimately the Planning Commission must make findings of fact and conclusions based upon properly admitted evidence, so anything that the public wishes the Planning Commission members to consider should come in during its meeting and/or public hearings.
  1.        Village Planning Commission 4/20/23 at 7pm to discuss the Planned Unit Development.
  2.        Help with Navarre Baseball Fields: The Falcon Baseball Association is interested in using our rake to prepare their fields as they were done in Brewster.  The Mayor of Navarre has to request it as we are not allowed to use Village property to assist an organization, only another municipality.  Navarre Village will be charged for the employee’s time.
  3.        A tree fell on a resident’s car.  The Village’s insurance has denied the claim due to municipal immunity.  The resident only had liability insurance on the vehicle.
  4.        Stark County would like to use the Community Room for a meeting with the Stark County Prosecutor on June 8th.  The meeting will be open to the public and local officials to hear about what the Prosecutor’s Office does for the county residents and communities.
  1.        Please review and initial the check listing for this meeting and last meeting.
  2.        Spent some time assisting the new clerk in Beach City. 
  3.        Completed the annual report for the State and Local Recovery Funds (SLFRF).  We received and spent all the funds according to their requirements.  The majority of the funds went to the Water Filter Media Replacement Project.
  4.        I have a quote for a new copier lease/purchase agreement.  It is for 63 months with an interest rate of 1.97%.  I believe the Chief would like this to be considered under emergency.  The monthly payment will be $157.25 for up to 1,650 copies, which is their average usage.
COMMITTEES or COUNCIL REPORTS:The Goal of the committee meeting is to discuss an issue or proposal and to provide, by a consensus of the committee members, ONE recommendation to Council.

OLD or NEW BUSINESS: Council Rules require a two-week waiting period before any expenditure of funds unless determined an emergency.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to authorize the Stark County Prosecutors to use the Community Room on June 8th.  The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to authorize a lease for a copy machine for the Police Department.  The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to schedule a Tree Board meeting on April 24th at 4:00pm.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to have one of our employees take the rake down and prepare the fields and bill the Village of Navarre for the man hours.  The vote: Radich, yes; Schwab, yes; Fox, yes; Godwin, yes; Hilliard, yes; Long, abstain.
VILLAGE SPEAKS (Communications received by Council Members from Village Residents):
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 7:49 pm.  The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Charles Hawk, Mayor